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close this bookThe Organization of First Aid in the Workplace (ILO, 1999, 70 p.)
close this folderAnnexes
close this folderAnnex I. Examples of first-aid legislation
View the document1. New Zealand
View the document2. United Kingdom
View the document3. Federal Republic of Germany

1. New Zealand

The Factories and Commercial Premises (First Aid) Regulations 1985

1. Title and commencement - (1) These regulations may be cited as the Factories and Commercial Premises (First Aid) Regulations 1985.

(2) These regulations shall come into force on the 1st day of July 1985.

2. Interpretation - In these regulations, unless the context otherwise requires:

- “first-aid cabinet” means a box or cabinet in which first-aid supplies are kept;
- “first-aid supplies” means articles that are first-aid appliances or first-aid requisites;
- “the principal Act” means the Factories and Commercial Premises Act 1981.

3. First-aid supplies in undertakings - (1) The occupier of an undertaking shall:

(a) ensure that first-aid supplies are provided for persons who may be injured in that undertaking; and

(b) take all reasonable steps to ensure every person injured in that undertaking is, if first-aid treatment is necessary or desirable for that person, given adequate first-aid treatment without delay.

(2) Except as otherwise required by these regulations, the first-aid supplies required by subclause (1)(a) of this regulation to be provided in an undertaking shall be as specified in the Schedule to these regulations. [Editor’s Note: The Schedule is reproduced on p. 52 of this book.]

(3) Subclauses (1) and (2) of this regulation shall apply to any shop where first-aid supplies are kept for sale as if those supplies were provided for persons who may be injured in that shop.

4. First-aid supplies to be properly maintained - The occupier of an undertaking shall ensure that the first-aid supplies provided in that undertaking are:

(a) kept clean and tidy; and

(b) readily available for the treatment of injured persons at all times when workers are working in that undertaking.

5. First-aid cabinets - (1) Subject to subclauses (2) and (3) of this regulation, the occupier of an undertaking shall ensure that:

(a) the first-aid supplies required by regulation 3 of these regulations to be provided in that undertaking are kept in dustproof boxes or dustproof cabinets:

(i) in which nothing other than first-aid supplies is kept; and

(ii) each of which either is made of an easily cleaned material with a smooth impervious surface, or is painted or enamelled inside and outside with a gloss paint or enamel; and

(iii) the outside surface of the lid or door of each of which is marked clearly with the words “FIRST AID” and the name of the person for the time being appointed under regulation 7 of these regulations in respect of that cabinet;

(b) the number and positions of first-aid cabinets in that undertaking are, in the opinion of an Inspector, reached after having regard to the layout of that undertaking and the nature of the work carried on in it, likely to enable compliance with regulation 3 of these regulations in respect of that undertaking;

(c) every first-aid cabinet in that undertaking is kept clean and tidy, and is replenished at least once a month.

(2) Where there is provided in any undertaking a room that complies with the requirements of subclause (1) of regulation 9 of these regulations (whether or not the occupier of that undertaking is required by that subclause to ensure that such a room is provided), it shall, to the extent that any first-aid supplies required by regulation 3 of these regulations to be provided in that undertaking are kept in that room, be a sufficient compliance with subclause (1)(a) of this regulation if those supplies are kept in cupboards.

(3) Nothing in subclause (1) of this clause shall require the occupier of a shop where any first-aid supplies are kept for sale to keep any of those supplies in a cabinet.

6. Location of first-aid cabinets - (1) The occupier of an undertaking shall ensure that:

(a) subject to subclause (2) of this regulation, every first-aid cabinet in that undertaking is in a position that is well lit, and close to a wash-hand basin with hot and cold running water, soap, a nail brush, and clean towels;

(b) where any first-aid cabinet in that undertaking is not conspicuous, its location is clearly indicated by a sign with the words “FIRST AID” placed conspicuously near that location.

(2) An Inspector, having regard to the layout of any undertaking and the nature of the work carried on in it, may exempt its occupier from all or any of the requirements of sub-clause (1)(a) of this regulation, either unconditionally or subject to any conditions that the Inspector thinks fit; and until the exemption concerned is amended or revoked by any Inspector, these regulations shall apply accordingly.

7. Occupier to appoint person in charge - The occupier of an undertaking at which more than five workers are usually employed at any one time shall ensure that a person engaged at that undertaking is put in charge of all first-aid supplies, first-aid cabinets, and first-aid rooms in that undertaking; and where shifts are worked in that undertaking shall ensure that another such person is appointed that first-mentioned person’s deputy in respect of each shift on which that first-mentioned person is not engaged and that other person is engaged.

8. Undertakings employing more than 50 workers to have a trained person in charge of first aid - (1) Subject to subclause (2) of this regulation, the occupier of an undertaking at which more than 50 workers are usually employed at any one time shall ensure that at all times the person put in charge of first-aid supplies in that undertaking under regulation 7 of these regulations is:

(a) a registered nurse; or

(b) the holder of a certificate (being a certificate that was issued or renewed not more than three years ago) issued by the St. John Ambulance Association or the New Zealand Red Cross Society (Incorporated).

(2) The occupier of an undertaking is not failing to comply with subclause (1) of this clause if for the time being no person described in paragraph (a) or paragraph (b) of that subclause is in charge of first-aid supplies in that factory under regulation 7 of these regulations but:

(a) such a person was so in charge not more than six months ago;

(b) that occupier is taking all reasonable steps to:

(i) employ such a person; or

(ii) arrange for a person engaged at that undertaking to become such a person.

9. Undertakings employing more than 100 workers to have first-aid rooms - (1) The occupier of an undertaking at which more than 100 workers are usually employed at any one time shall ensure that there is provided in that undertaking, and used exclusively for the giving of first-aid treatment, a room:

(a) with a floor area of at least 10 m2;

(b) with walls and ceiling of a smooth impervious surface painted in light colours;

(c) with a floor surface of a durable and easily cleaned material;

(d) capable of being lit, heated, and ventilated, to the satisfaction of an Inspector;

(e) provided with a wash-hand basin with hot and cold running water, soap, a nail brush, and clean towels;

(f) fitted with cupboards for the storage of first-aid supplies;

(g) furnished with a chair, a couch, a pillow, and a blanket.

(2) The occupier of an undertaking required by subclause (1) of this regulation to ensure that a room is provided in that undertaking shall take all reasonable steps to ensure that that room and the first-aid supplies and other articles contained in it are properly maintained and kept clean and tidy.

10. Register of first-aid treatments - The occupier of an undertaking shall keep in that undertaking, together with or as part of the register of accidents required to be kept by section 53(1) of the principal Act, a record of:

(a) the nature of every first-aid treatment given in that undertaking; and
(b) the date on which it was given; and
(c) the name of the person to whom it was given; and
(d) the nature of the injury or illness in respect of which it was given.

11. Inspector may grant exemptions - An Inspector who is satisfied that, by reason of exceptional circumstances or the nature of the work carried on in an undertaking, all or any of the requirements of regulations 7 to 9 of these regulations need not apply in respect of that undertaking may by notice in writing served on the occupier of that undertaking exempt that occupier from all or any of those requirements in respect of that undertaking for two years or such lesser period as is specified in that notice, either unconditionally or subject to any conditions that the Inspector thinks fit; and until the exemption concerned expires, or is amended or revoked by any Inspector, these regulations shall apply to that undertaking accordingly.

12. No derogation from other provisions - These regulations are in addition to, and shall not derogate from, any award.

13. Appeals against decisions of Inspectors (...)

14. Offences (...)

15. Revocations - The following regulations are hereby consequentially revoked: (...)

SCHEDULE
Minimum scales of first-aid appliances and requisites.
[The Schedule is reproduced on p. 52 of this book.]